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Articles 1 - 30 of 155
Full-Text Articles in Law
Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry
Family Group Conferences As A Form Of Court Approved Alternative Dispute Resolution In Child Abuse And Neglect Cases, Jolene M. Lowry
University of Michigan Journal of Law Reform
The problems associated with long-term foster care of children have escalated over the past decade as more abused and neglected children enter the already overworked and underfunded state child protective system& The recent Personal Responsibility and Work Opportunity Reconciliation Act of 1996 mandates giving preference to placement within the extended family for children who cannot be returned to their parents. Compliance with this law requires substantial changes in the policies and procedures of human services agencies in most states. This Article discusses "family group conferencing,' a new model for working with families within the system. Family Group Conferencing originated in …
Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles
Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles
In the Public Interest
No abstract provided.
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Terror At The Emperor's Birthday Party: An Analysis Of The Hostage-Taking Incident At The Japanese Embassy In Lima, Peru, Dr. Ranee K.L. Panjabi
Penn State International Law Review
No abstract provided.
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Banking Secrecy Lifted: The Swiss Act To Counter Attacks Launched As A Result Of Their Banks' Actions During World War Ii And Thereafter, Kathryn H. Lamont
Penn State International Law Review
No abstract provided.
China Must Not "Wait Until The Evening": Resisting Mass Motorization's Assault On Bicycles And Mass Transit, Adam Karp
Washington International Law Journal
China, and other developing nations, stand at a transportation planning crossroads—whether to follow the American highway/privatized motorization model or to optimize their existing mass transit/nonmotorized transportation model. This Comment charts the history of transportation development in China and indicates its destination in light of China's recent embrace of the car industry as a "pillar" of the nation's economy. It then considers motor vehicles' adverse effects, and assesses the value of mass and nonmotorized transportation as viable alternatives. In order to stall or reverse a process not supported wholeheartedly by the Chinese citizenry, this Comment determines whether China's internal city planning …
Why Taiwan Is Not Hong Kong: A Review Of The Prc's "One Country Two Systems" Model For Reunification With Taiwan, Sean Cooney
Why Taiwan Is Not Hong Kong: A Review Of The Prc's "One Country Two Systems" Model For Reunification With Taiwan, Sean Cooney
Washington International Law Journal
This article critically examines the "One Country Two Systems" model (OCTS) developed by the People's Republic of China (PRC) for achieving the reunification of Taiwan. The model is in many respects the same as that already applied in Hong Kong. The PRC promises that under OCTS, the Taiwanese will enjoy a "high degree of autonomy", be "masters in their own house" and maintain their way of life. However, in contrast to the people of Hong Kong, who have never enjoyed full democracy, the Taiwanese have achieved a much greater degree of autonomy and accountability than is possible under OCTS. The …
Cultural Differences In The Crusade Against International Bribery: Rice-Cake Expenses In Korea And The Foreign Corrupt Practices Act, Joongi Kim, Jong Bum Kim
Cultural Differences In The Crusade Against International Bribery: Rice-Cake Expenses In Korea And The Foreign Corrupt Practices Act, Joongi Kim, Jong Bum Kim
Washington International Law Journal
The expanding global movement against overseas bribery has emerged as one of the foremost issues in international trade. This paper explores the complex issues surrounding this multilateral anti-bribery movement, particularly focusing on one of the central concerns at the heart of this debate: what type of different cultural perspectives and legal traditions exists regarding questionable payments and whether they need to be respected. This study approaches this subject by discussing how the Korean legal system distinguishes between permissible gifts such as "rice-cake expenses" and illicit payments. In the process, the new legal interpretations that were developed by the Korean judiciary …
The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe
The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe
Washington International Law Journal
As early as 1983, Japan's Health and Welfare Ministry had reason to know that the use of unheated blood products by hemophiliacs was infecting them with HIV, the AIDS virus. Although heated-and safe-blood products were already available from the United States, government approval in Japan was deliberately delayed for almost three years while local pharmaceutical companies developed the products. By the time the unheated blood products were all withdrawn from the market, many of Japan's hemophiliacs had contracted HIV. A number of them, or their survivors, sued the government and the pharmaceutical companies. At the end of the consolidated trials, …
The Garbage Smuggling Case: Judgment Of Division One Of The Shanghai Municipal Intermediate Level People's Court January 13, 1997, Janice Wingo
Washington International Law Journal
The American press has reported on the arrest and trial of William Ping Chen for the importation of garbage into China, alleging that he is a pawn in Sino-American relations. Whatever the political background, the decision of the Shanghai Municipal Intermediate Level People's Court shows that this case was decided according to established rules of law.
Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii
Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii
Washington International Law Journal
With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …
Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa
Environmental Regulation Of Russia's Offshsore Oil & Gas Industry And Its Implications For The International Petroleum Market, Deborah K. Espinosa
Washington International Law Journal
Due to Northeast Asia's increasing energy demand, the Russian Far East's immense oil and gas reserves, and the close physical proximity between the two regions, international petroleum companies are exploring Russia's offshore petroleum reserves in the Far East. The Russian offshore industry, however, presents foreign investors with many legal uncertainties including exposure to environmental liabilities. This Comment suggests that Russia's environmental regulatory system, which includes a constitutional right to a healthy environment, presents international petroleum companies with a new set of circumstances to which they must adapt if Russian reserves are to satisfy Northeast Asia's rising energy needs. To do …
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Regulatory Web: Free Speech And The Global Information Infrastructure, A, Victor Mayer-Schönberger, Teree E. Foster
Michigan Telecommunications & Technology Law Review
National restrictions of freedom of speech on the nascent global information infrastructure are commonplace not only in the United States, but also around the globe. Individual nations, each intent upon preserving what they perceive to be within the perimeters of their national interests, seek to regulate certain forms of speech because of content that is considered reprehensible or offensive to national well-being or civic virtue. The fact that this offending speech is technologically dispersed instantaneously to millions of potential recipients strengthens the impetus to regulate.... Activists at both ends of the spectrum disregard an integral aspect of the global composition …
Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith
Illicit Arms Trafficking, Corruption, And Governance In The Caribbean, Ivelaw L. Griffith
Penn State International Law Review
No abstract provided.
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Drugs And Corruption In Latin America, Olukonyinsola Ajayi
Penn State International Law Review
No abstract provided.
On The Trail Of A Spectre-Destabilisation Of Developing And Transitional Economics: A Case Study Of Corruption In Nigeria, Ryan James
Penn State International Law Review
No abstract provided.
Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar
Computer Software & Copyright Law: The Growth Of Intellectual Property Rights In Germany, Geoffrey S. Kercsmar
Penn State International Law Review
No abstract provided.
The Internet In China: Embarking On The "Information Superhighway" With One Hand On The Wheel And The Other Hand On The Plug
Penn State International Law Review
No abstract provided.
The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young
The Foreign Corrupt Practices Act Within The American Response To Domestic Corruption, Henry H. Rossbacher, Tracy W. Young
Penn State International Law Review
No abstract provided.
The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress
Federal Communications Law Journal
Following a worldwide trend of increased market competition in telecommunications, both the United States and Germany passed new legislation in 1996 aimed at liberalizing communications regulation. Germany passed the Telekommunikationsgestz (TKG), and the United States passed the Telecommunications Act of 1996. The TKG was enacted in response to European Community requirements that Germany open its telecommunications market. While the TKG covers a broad spectrum of issues, five areas stand out as the law's primary focus: licensing, universal service, market-dominant position regulation, interconnection, and rights-of-way. A comparison between the U.S and German laws in these five areas demonstrates the …
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
Indiana Law Journal
Symposium: Law and Civil Society
Civil Society, Metaphysics, And Tolerance, David C. Williams
Civil Society, Metaphysics, And Tolerance, David C. Williams
Indiana Law Journal
Symposium: Law and Civil Society
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
Indiana Law Journal
Symposium: Law and Civil Society
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Indiana Law Journal
Symposium: Law and Civil Society
Domestic Child Abuse Under The U.N. Convention On The Rights Of The Child: Implications For Children's Rights In Four Asian Countries, Paula C. Littlewood
Domestic Child Abuse Under The U.N. Convention On The Rights Of The Child: Implications For Children's Rights In Four Asian Countries, Paula C. Littlewood
Washington International Law Journal
The United Nations Convention on the Rights of the Child is the first binding treaty to endorse children's rights as separate from both adults and the family, and is thus an important step in international law toward recognition of children as rights bearers. An inquiry into the extent to which children enjoy human rights logically begins with Article 19 of the Convention which guarantees a child's right to freedom from abuse and neglect by any party. While most literature in this area concentrates either on the rights guaranteed by the Convention or issues raised by studying child abuse across cultures, …
The Taxation Of Gifts And Bequests In Australia: A Prototype For Transfer Tax Reform In The United States?, Jeffrey S. Kinsler
The Taxation Of Gifts And Bequests In Australia: A Prototype For Transfer Tax Reform In The United States?, Jeffrey S. Kinsler
Washington International Law Journal
Australian tax law presents a possible prototype for the reform of gift taxation in the United States. Unlike the United States, Australia does not impose a separate transfer tax on gifts and bequests. Rather, gratuitous transfers of appreciated property are treated as capital gains under Australian tax law, exposing donors to income taxation. In an effort to interject the Australian model of taxation into the already robust debate over how best to reform the U.S. transfer tax system, this article examines the advantages and disadvantages of the Australian system and the Australian Income Tax Assessment Act ("ITAA").
New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang
New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang
Washington International Law Journal
This article provides a critical review of the important developments of the environmental laws and policies of the Republic of China on Taiwan since 1993. The article also supplements the author's 1990 and 1993 publications. Section II briefs the reader on background political and economic changes. Section III analyzes three new environmental statutes, including the Environmental Impact Assessment Act of 1994. Section IV investigates the problems encountered in some environmental initiatives, including the collection of air pollution control fees and the newly launched "four-in-one" recycling program. Section V summarizes important environmental decisions by the Administrative Court. Section VI suggests strategies …
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Washington International Law Journal
The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …
The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden
The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden
Washington International Law Journal
Because of Aum Shinri Kyô's terrorist attacks using sarin nerve gas, the Japanese government sought to revoke the religious cult's status as a religious corporation under the Religious Corporation Law. The Tokyo District Court found that, in setting up a sarin production facility, Aum had deviated from its purpose as a religious organization and had endangered the public welfare, thereby justifying an order of dissolution. The Tokyo High Court affirmed, but did not reach the issue of whether the dissolution order violated Aum's followers' right to freedom of religion as guaranteed by the Japanese Constitution. In affirming the dissolution order, …
A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle
A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle
Washington International Law Journal
Singapore and the United States approach the concept of retirement income replacement from different directions. The United States relies on the OASDI component of the Social Security Act, a tax-based intergenerational transfer program, while Singapore operates under the Central Provident Fund Act, which requires workers and their employers to contribute to a compulsory savings scheme. Elements of each program conflict with the cultural values of the society it serves, and each society could benefit from adopting certain components and underlying concepts of the other's national retirement plan.
In Tribute, Frederic L. Kirgis
In Tribute, Frederic L. Kirgis
UC Law SF International Law Review
No abstract provided.